Securities and Exchange Commission v. Luckin Coffee, Inc.
| Securities and Exchange Commission |
| Luckin Coffee, Inc. |
| 1:2020cv10631 |
| December 16, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Securities/Commodities |
| 12 U.S.C. § 22 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
FINAL JUDGMENT AS TO DEFENDANT LUCKIN COFFEE INC.: Plaintiff Securities and Exchange Commission having filed a Complaint and Defendant Luckin Coffee Inc. having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security; as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $180,000,000 (USD) pursuant to Section 20 of the Securities Act [15 U.S.C. 77t] and Section 21(d) of the Exchange Act [15 U.S.C. 78u(d)]. The amount of the civil penalty shall be offset by the U.S. Dollar value of any cash payments made by Defendant and distributed to its security holders pursuant to the implementation of any schemes of arrangement in accordance with section 86 of the Cayman Islands Companies Law (2020 Revision) (the "Cayman Schemes") as sanctioned by the Grand Court of the Cayman Islands made under the direction of the Joint Provisional Liquidators appointed by that court on July 15, 2020 to oversee Defendant's provisional liquidation and restructuring (the "final distribution plan"), provided the final distribution plan is not reasonably objectionable to Commission staff. Payment of attorney's fees or any other costs of administrating the liquidation shall not be deemed payment to security holders for purposes of the civil penalty offset set forth herein. Within 10 days of any cash payments made by Defendant and distributed to its security holders pursuant to the final distribution plan in the Provisional Liquidation proceeding, Defendant shall transmit photocopies of evidence of payment and case identifying information in a form acceptable to Commission staff. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. (Signed by Judge Mary Kay Vyskocil on 2/4/2021) (Attachments: #1 Appeal Package) (mro)
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| Filing 13 NOTICE OF APPEARANCE by Yuan Zheng on behalf of Luckin Coffee, Inc...(Zheng, Yuan) |
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Filing 12
ORDER granting #6 Motion for Melissa J Armstrong to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Filing 11 NOTICE OF APPEARANCE by Patrick Sean Sinclair on behalf of Luckin Coffee, Inc...(Sinclair, Patrick) |
| Filing 10 NOTICE of Settlement . Document filed by Securities and Exchange Commission..(Armstrong, Melissa) |
| Filing 9 NOTICE OF APPEARANCE by Erika Ashley James on behalf of Luckin Coffee, Inc...(James, Erika) |
| Filing 8 NOTICE OF APPEARANCE by Robert Alan Cohen on behalf of Luckin Coffee, Inc...(Cohen, Robert) |
| Filing 7 NOTICE OF APPEARANCE by Greg Donald Andres on behalf of Luckin Coffee, Inc...(Andres, Greg) |
| Filing 6 MOTION for Melissa J. Armstrong to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Armstrong, Melissa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Melissa J. Armstrong to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melissa Jane Armstrong. The party information for the following party/parties has been modified: Securities and Exchange Commission ; Luckin Coffee, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh) |
| Filing 5 CONSENT MOTION for Judgment . Document filed by Securities and Exchange Commission. (Attachments: #1 Consent of Luckin Coffee, Inc., #2 Proposed Final Judgment).(Armstrong, Melissa) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Melissa J. Armstrong to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Armstrong, Melissa) Modified on 12/16/2020 (aea). |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jan M. Folena to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Exhibit 1, #2 Exhibit Cert. Good Stnd., #3 Text of Proposed Order).(Folena, Jan) Modified on 12/16/2020 (aea). |
| Filing 2 CIVIL COVER SHEET filed..(Armstrong, Melissa) |
| Filing 1 COMPLAINT against Luckin Coffee, Inc.. Document filed by Securities and Exchange Commission..(Armstrong, Melissa) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Jan M. Folena to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the Motion and attached PDF's attached to the docket entry for the motion is not correct with an incorrect case number and incorrect court; Affidavit is not notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. Notice Regarding Deficient Motion to Appear Pro Hac vice,,, #4 MOTION for Melissa J. Armstrong to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): The affidavit is not notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
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